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WHAT TO DO IF YOU ARE FACING DEPORTATION

By Pankaj Malik, Malik & Associates, P.C., Managing Partner

According to the now-defunct Immigration and Naturalization Service (INS), deportation is "the formal removal of an alien from the United States when the alien has been found removable for violating immigration laws." Until the late 1990s, deportation was separate from exclusion, which meant denying entry into the U.S. In 1997, a federal law combined the deportation and exclusion procedures. In 2003, several divisions within the Department of Homeland Security (DHS) took over the duties of the INS.

The Immigration and Nationality Act (INA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), provides the framework for the deportation process. The goal of these "removal proceedings" is to determine if a particular non-U.S. citizen will be deported.

There are many possible causes for deportation. Someone can be deported for entering the U.S. illegally, overstaying a temporary visa, falsely claiming citizenship, or being convicted of a crime, among other reasons. In 2010, nearly 400,000 people were deported by the DHS.

The deportation process involves a number of complex steps, procedures, and possible routes for relief. It is important to consult a legal professional to guide you through the removal proceedings and fight for you to stay in the U.S. You can also contact your local bar association to find immigration law specialists and immigration law clinics.

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Malik & Associates, P.C.
138-02 Queens Boulevard
Briarwood, NY 11435

Local: (718)-657-5755
Toll Free: (877)-221-7901
Fax: (718)-657-5756
Email: pmalik@malikpc.com

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